Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-08-31
JUDGE FIELDS DECISION.
Why tbs United States Courts WI Not
Order the Books Produced.

|
! Order the Books Produced.
SAN FRANCISCO, CAL Aug. 50.-In his
opinion deciding that the Pacific commits
sion cannot compel the surrender of the
Central Pacific books, Justice Fields of
tie United States Supreme court says:
Few rights are of more importance or
more essential to the citiZ3G's peace and
happiness than the right Of personal Sc
curitY, and that involves not merely pro
lection Of his person from assault but
exemption Of his private affairs, books
and papers from the inspection and
scrutiny of others. Without the enjoy
ment Of this right al other rights would
lose half their value. TIE Law provides
for compulsory production IN the process
Of judicial proceedings as by direct suit
for that purpose Of such documents as
affect the interests Of others, and
also in certain cases for the
seizure OF eliminating papers necessary
for the prosecution OF &erdeTs against
public Justice, and only in these ways
can they be obtained and the contents
made known against the viii OF the own
er. The ect OF Congress not only author
ICES searching investigation into the
methods, affairs and business OF the Cen
trail Pacific Railroad Company, but it
makes it the duty of the railroad commits
sion to inquire into and report whether
any directors, officers or employees OF that
company have been or are now directly
Or indirectly interested, and to what
amount or extent, in sny other railroad,
steamship, telegraph, express, mining,
construction or other business company
or corporation, and with which any agree
ments, undertakings or leases have been
made. There WAS over 100 officers, prin-
cipaI snd minor, OF the Central
Pacific Railroad Company and
nearly 5000 employees. 1t is not
unreasonable to suppose that
q large portion of these have come interest
as stockholders CT otherwise, in some
other company or corporation, with which
railroad company they nay have an agree
ment of some kind, and it would be dill
cult to state the extent to which the ex-
animation OF the commission into tae at
fairs OF these persons may not go, il the
mandate of each could be carried out. The
commission is limited to the interest of
these directors, officers and employees, in
any other business, company or CORPORA
ton, to such matters as these persons
may choose to disclose; they cannot be
compelled to open their books and expose
the business to the examination Of the
commission with reference to vouchers
Respecting which the principal interroga-
tories are propounded, and which
we are asked to compel answers
from witnesses. It is conceded by
the commissioners on this motion
that the money covered by them was not
charged against the United States in SIS
i,,;, - ,a oE
psny. II such was the case it is difficult
to see what interest the United States can
have in the disposition of these moneys,
but be that IS it may, general courts
cannot upon that concession aid the com-
mission IN asCertaining how the moneys
were expended. These courts cannot be-
come instruments of the commission in
furthering the investigation. The act of
Congress creating the railroad commits
sion in terms provides, as already stated,
that it mey invoke the sid of any circuit
or district court to require attendance
OF witnesses and production OF books,
papers and documents relating to the sub
iect of inquiry and empowers the court for
contumacy or refusal of persons to
obey supg1as TO them to isSue orders
requiring them to appear before the COM
missioners or either of them, and produce
the books and papers ordered and give
evidence touching the matters in question,
and punish disobedience to its orders,
and does not appear to leave any disCre-
ton in the matter with the court
Federal courts can not be made irstru-
t ments to aid the commissioners in their
Investigations, and it also renders
it unnecessary to make anV
: comment upon the position taken
by them according TO the statement
of the respondent to which we have re.
ferred that they did not regard them,
selves bound IN their examination by the
! rules OF evidence, but would receive
hearsay end exparte statements, sur
misses, and information Of every character
that might be called to their attention
1t cannot be that the courts OF the United
States can be used to the furtherance OF
the investigation, in which all rules OF
evidence may thus be disregsrded
Judges Sawyer and Sabine read con
curing opinions.